Patent & IP news for March 18, 2015

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post image A drop in the ocean? SMART WATER appeal runs dry from

This morning the General Court of the European Union (Seventh Chamber) gave its ruling in Case T‑250/13 Naazneen Investments Ltd v OHIM, Energy Brands, Inc. intervening. This decision concerns the fate of a ...

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post image Guest Post: The Layered Patent System from

Guest post by Michael Risch, Professor of Law, Villanova University School of Law.  Professor Risch also recently joined the Written Description blog as a regular author.  The full article, forthcoming in the Iowa Law Review ...

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post image Wednesday whimsies from

This Kat is delighted to have heard through one of his favourite grapevines that the truly excellent Mark Anderson, IP Draughts blogger and founder of Anderson Law, has been appointed to be chair of the ...

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post image A little rienergy can't save Coke-alike trade mark application, says General Court from

Only the other day, this Kat discovered that the Benelux-based firm of IP enthusiasts Hoyng Monegier had an office in Spain too, and it is from that very office that Laura Alonso, a partner in ...

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Enzo Biochem Inc. v. Applera Corp. (Fed. Cir. 2015) from

By Andrew Williams -- When can a district court's factual findings related to the extrinsic evidence in a claim construction determination not be given deference by the Federal Circuit? At least one situation is when ...

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Application Developers Alliance on patent reform from

It is not clear that the application developers alliance position on fee-shifting is the same as in Goodlatte's Innovation Act.


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Gevo suffers losses to Butamax at PTAB from

In a decision filed March 3, 2015 on an IPR filed by Butamax against Gevo's US patent 8,273,565, the PTAb found contested claims invalid. Butamax wins. Part of the decision involved a ...

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Plagiarism. at Princeton from

Of interest in the matter is Princeton's text


Princeton’s response to Zaera-Polo’s clarification statement:

While we normally do not comment on personnel matters, we do need to point out that Professor Zaero-Polo ...

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Ultra-thin Li-ion battery from

From business Korea:

The Korea Advanced Institute of Science and Technology (KAIST) announced on March 17 that the team of professor Choi Jang-wook at its Graduate School of EEWS and Korea Research Institute of Standards ...

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Central European Countries Establish Visegrad Patent Institute To Reduce Costs, Facilitate Applications from

WARSAW - In a move towards increased regional cooperation in the field of intellectual property, Poland, Hungary, Slovakia and the Czech Republic have signed an agreement to set up the Visegrad Patent Institute (VPI). And representatives ...

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Presumption of Validity Weighs Against § 285 Fee Award from

The court denied counterclaim defendants' motion for attorneys' fees under 35 U.S.C. § 285 following summary judgment of invalidity because the case was not exceptional. "Ironically, this Motion may be more exceptional than what ...

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The Invention as Different, Not Better from

by Dennis Crouch I received a number of comments on one line from my post yesterday where I stated: The law requires that a patented invention represent a significant advance beyond what was previously known ...

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Duan alluded to the "notorious" Randall Rader while discussing the STRONG bill on patent reform from

Within a post by Charles Duan at RollCall:


What is perhaps most disturbing is how the patent-insiders community, the strongest supporters of this new bill, perceive these America Invents Act proceedings. Former Chief Judge Randall ...

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Engineers who get it: understanding the new production system beyond manufacturing v. services from

One of the major factors in the new I-Cubed (Information, Innovation, Intangible) Economy is the fusion of manufacturing and services. It is also one of the most difficult for many to understand. The notion is ...

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The EPO Breaks Silence to say "No, the EPO is not violating fundamental human rights" from

Merpel was delighted to see that the management of the European Patent Office has finally commented publicly on the issues of the increasingly strained staff relations within the Office, and in particular on the decision ...

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Deputy Director __________? from

Now that USPTO Director Michelle Lee has fully taken office as Director, the next position-filling step will be to hire a Deputy Director.  The Patent Act provides that the USPTO Director (Lee) will nominate a ...

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Another patent reform: the PARTS Act from

The San Jose Mercury News brings up the PARTS Act:

In this era of hyper-partisanship, it's notable that a bipartisan pair of California members of Congress, Republican Darrell Issa and Democrat Zoe Lofgren, are ...

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Immersion Corp. v. HTC Corp. (D. Del. 2015) from

District Court Overrules PTO Interpretation of 35 U.S.C. § 120 By Kevin E. Noonan -- Judge Richard Andrews, District Court Judge for the District of Delaware rendered a decision on a motion for summary judgment ...

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